wa-law.org > bill > 2025-26 > HB 2105 > Original Bill
The legislature finds that immigrant workers contribute to Washington state's strong economy. According to research from the immigration research initiative, immigrants account for 15 percent of the population in Washington state, yet contribute 21 percent of economic output, or gross domestic product (GDP). Immigrant workers contribute an estimated $145,000,000,000 to Washington state's GDP per year.
The legislature finds that civil immigration enforcement through workplace raids conducted by the federal government is disruptive to families and communities, reduces community safety, and is ineffective at deterring illegal conduct by employers or raising standards for workers.
The legislature finds that employers could benefit from clarity about their rights and responsibilities when engaging with federal agencies that conduct form I-9 audits. The legislature seeks to provide resources and support to employers about their rights and the rights of their workers.
The legislature finds that protecting Washingtonians who are abiding by our state laws and keeping families together is an urgent statewide priority.
The legislature therefore intends to require Washington employers to provide notice to workers in the event of a form I-9 audit and provide additional protections and support for workers and employers.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
"Affected worker" means a worker identified by the federal agency inspection results to be a worker who may lack federal work authorization, or a worker whose federal work authorization documents or form I-9 have been identified by the federal agency inspection results to have deficiencies.
"Employ" means to suffer or permit to work.
"Employer" means any person, firm, corporation, partnership, business trust, legal representative, or other business entity which engages in any business, industry, profession, or activity in this state and employs one or more workers, and includes the state, any state institution, state agency, political subdivisions of the state, and any municipal corporation or quasi-municipal corporation.
"Federal agency" means an agency of the United States government that enforces or aids in enforcing United States federal civil immigration laws or employment eligibility inspections, including but not limited to any person or class of persons authorized to perform the functions of an immigration officer as defined in the immigration and nationality act, without regard to the agency for whom the person is employed. Officials from the United States department of homeland security, department of justice immigrant and employee rights section or its successor, and department of labor are presumed to be included in this definition when on duty.
"Form I-9" refers to the United States citizenship and immigration services employment eligibility verification form used by employers to comply with 8 U.S.C. Sec. 1324a(b) to verify the identity and employment authorization of employees.
"Worker" means any person employed by an employer.
"Worker records" means documentation that includes a worker's first name or first initial and last name in combination with any one or more of the following data elements: (a) Social security number; (b) driver's license number or Washington identification card number; (c) residential address; (d) student, military, or passport identification number; (e) biometric data generated by automatic measurements of an individual's biological characteristics such as a fingerprint, voiceprint, eye retinas, irises, or other unique biological patterns or characteristics that is used to identify a specific individual; (f) information that includes a geolocation component that could be used to identify a worker's location. "Worker records" also includes documentation that includes the first name or first initial and last name of a family member of a worker in combination with the data elements outlined in this subsection.
"Worker's authorized representative" means an exclusive collective bargaining representative or a third party designated by the worker.
By July 1, 2026, all employers must post a notice about worker rights under this act and keep it posted in a conspicuous place where other required employment posters are posted. The attorney general shall create a poster that will include space in which an employer must provide information on where they will post notices required under this act. The attorney general shall make the poster available on its website and may make the poster available in other formats.
An employer must, within 72 hours of receiving notification from a federal agency of any inspections of I-9 forms or worker records, provide a notice to each worker and the worker's authorized representative.
The employer must provide notice of the upcoming inspection by:
Posting a notice in a conspicuous and accessible location, in each of the five most widely used non-English languages in the state. The posted notice must contain the following information:
The name of the federal agency which will be conducting the inspections of I-9 forms or other worker records;
The date that the employer received notice of the inspection;
The nature of the inspection to the extent known by the employer;
A copy of the notice of inspection of I-9 forms for the inspection to be conducted; and
Contact information, prescribed by the attorney general, for a statewide organization that provides information and advocacy related to immigrant and refugee rights, with access to interpretation;
Making a reasonable attempt to individually distribute notifications to all workers by hand and telephonically; and
Providing written notice to the workers' authorized representatives, if any.
Within 72 hours of receiving notification of any inspections of I-9 forms or other worker records conducted by a federal agency, employers must send written notices to the last known addresses of all workers employed by the employer in the last three years. The written notice must include all the same information required to be included in the posted notice to all current workers, including the name of the federal agency which will be conducting the inspections of I-9 forms or other worker records.
On or before July 1, 2026, the attorney general shall develop and provide a template posting that employers may use to comply with the requirement to inform workers of a notice of inspection to be conducted of I-9 forms or other worker records conducted by a federal agency. The posting must be available on the attorney general's website so that it is accessible to any employer. The attorney general shall make the template available in English and in each of the five most commonly used non-English languages in the state.
An employer must provide to each current affected worker, and to the worker's authorized representative, if any, a copy of the written notice from the federal agency that provides the results of the inspection of I-9 forms or other worker records within 72 hours of its receipt of the notice, unless a shorter timeline is provided for under federal law or a collective bargaining agreement. Within 72 hours of its receipt of this notice, unless a shorter timeline is provided for under federal law or a collective bargaining agreement, the employer must also provide to each affected worker, and to the affected worker's authorized representative, if any, written notice of the obligations of the employer and the affected worker arising from the results of the inspection of I-9 forms or other worker records. The notice must relate to the affected worker only and must be redacted in compliance with state and federal privacy laws. The employer must notify the worker in person and deliver the notification by hand. If hand delivery is not possible, then the employer must notify the worker by mail and email, if the email address of the worker is known, and must notify the worker's authorized representative, if any. The employer must also notify the worker telephonically. The notice must contain the following information:
A description of any and all deficiencies or other items identified in the written immigration inspection results notice related to the affected worker;
The time period for correcting any potential deficiencies identified by the federal agency;
The time and date of any meeting with the employer to correct any identified deficiencies; and
Notice that the worker has the right to representation during any meeting scheduled with the employer.
Employers are not required by law to perform form I-9 self-audits. Any form I-9 self-audit must comply with all applicable federal, state, and local antidiscrimination and antiretaliation laws including, but not limited to: 8 U.S.C. Sec. 1324b, 29 U.S.C. Secs. 201–219, 29 U.S.C. Secs. 151–169, 42 U.S.C. Sec. 2000e et seq., chapter 49.60 RCW, and chapter 49.46 RCW. Any form I-9 self-audit must also comply with applicable collective bargaining agreements. An employer shall not impose work authorization verification or reverification requirements greater than those required by federal law.
On or before July 1, 2026, the attorney general shall issue guidance clarifying employers' rights to restrict access to nonpublic areas in a place of labor. The guidance shall be available on the attorney general's website so that it is accessible to any employer. The attorney general shall make the guidance available in English and in each of the five most commonly used non-English languages in the state.
2. This section does not apply to I-9 forms and other documents for which a notice of inspection has been provided to the employer.
It is unlawful for an employer to interfere with, restrain, or deny the exercise of any worker's rights provided under or in connection with this chapter. This means an employer may not use a worker's exercise of any of the rights provided under this chapter as a negative factor in any employment action such as evaluation, promotion, or termination, or otherwise subject a worker to discipline for the exercise of any rights provided under this chapter.
It is unlawful for an employer to take any adverse action against a worker because the worker has exercised their rights provided under this chapter. Such rights include, but are not limited to: Filing a complaint or action, or instituting or causing to be instituted any proceeding under or related to this chapter; participating in any investigation or proceeding regarding any rights provided under this chapter; or testifying or intending to testify in any such proceeding related to any rights provided under this chapter.
"Adverse action" means any action taken or threatened by an employer against a worker for their exercise of rights under this chapter, which may include, but is not limited to:
Denying access to, or delaying payment for, minimum wages, agreed or obligated wages, overtime wages, paid sick leave, piece rate compensation, commissions, nondiscretionary compensation or bonuses, all tips and gratuities, and all service charges, except those service charges itemized as not being payable to the employee or employees servicing the customer;
Terminating, suspending, demoting, or denying a promotion;
Reducing the number of work hours for which the employee is scheduled;
Altering the employee's preexisting work schedule;
Reducing the employee's rate of pay; or
Threatening to take, or taking action, based upon the immigration status of an employee or an employee's family member.
The attorney general may investigate complaints and enforce sections 3 through 7 of this act, including by conference and conciliation. The attorney general may: (a) Investigate potential violations of this act on its own initiative or in response to complaints; and (b) issue written civil investigative demands for documents and oral testimony, and answers to written interrogatories. Any personal information about the worker or the worker's family members, including names, in a complaint or investigation is confidential and exempt from public inspection, copying, or disclosure under chapter 42.56 RCW.
An employer who violates any provision of sections 3 through 7 of this act is subject to penalties, recoverable by the attorney general, for civil enforcement expenses.
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The minimum base penalty to the attorney general for a first violation of any provision of sections 3 through 7 of this act is $2,000 times the number of Washington-based workers the employer employs at the time of the violation. Each Washington-based worker counts as one worker for the purposes of determining the penalty multiplier, regardless of whether that worker works full time or part time.
If the attorney general determines that the first violation of a provision of sections 3 through 7 of this act was a willful violation, the penalty to the attorney general's civil enforcement expenses increases to $5,000 times the number of Washington-based workers the employer employs at the time of the violation.
On a second or subsequent violation of a provision of sections 3 through 7 of this act, the base penalty to the attorney general's civil enforcement expenses is double the penalty assessed for the previous violation, or $10,000 times the number of Washington-based workers the employer employs at the time of the violation, whichever is higher.
The attorney general may pursue legal action to enjoin violations of this act, obtain the penalty outlined in this section, and seek any other appropriate relief at law or equity including actual damages and any reasonable costs and attorneys' fees.
In addition to enforcement conducted by the attorney general, a worker, former worker, or a person otherwise believed to be injured by a violation of any provision of sections 3 through 7 of this act or an organization whose membership includes any such person may enforce this act through a private cause of action in superior court to enjoin further violations and recover actual damages together with reasonable attorneys' fees and costs and any other equitable relief or appropriate remedy authorized by state or federal law. If the court finds that the respondent has violated this chapter, it shall award damages up to and including an amount equal to actual damages, or statutory damages equivalent to 80 times the hourly Washington state minimum wage as defined in RCW 49.46.020, per plaintiff per violation, whichever is greater.
In accordance with state and federal law, nothing in this chapter may be interpreted, construed, or applied to restrict or limit an employer's compliance with a memorandum of understanding governing the use of the federal E-Verify system or with federal law and regulations regarding employers' verification of worker's employment authorization.
If any provision of this act or its application to any person or circumstance is found to be in conflict with any other federal or state law or otherwise held invalid, the conflicting or invalid provision is inoperative solely to the extent of such conflict or holding and the remainder of the act or the application of the provision to other persons or circumstances is not affected. No section of this act is intended to limit or prohibit any employer from complying with any other state or federal law.
Nothing in this chapter may be construed to limit or affect: (1) The right of any worker to pursue any judicial, administrative, or other action available with respect to an employer; (2) the department of labor and industries' authority to pursue any judicial, administrative, or other action available with respect to a worker; or (3) the department of labor and industries' authority to pursue any judicial, administrative, or other action available with respect to an employer.
This act may be known and cited as the immigrant worker protection act.
This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.